The State of Delaware developed Section 1130 of the state Clean Air Act regulations (7 DE Admin. Code 1130) which outlines Delaware’s Title V Permit procedures and requirements.

What’s Covered

Title V only applies to “major sources.” The EPA defines a major source as a facility that emits, or has the potential to emit (PTE) any criteria pollutant or hazardous air pollutant (HAP) at levels equal to or greater than the Major Source Thresholds (MST) set in the Clean Air Act. The Major Source Threshold for criteria pollutants may vary depending on the attainment status (e.g. severe, serious, extreme) of the geographic area and the Criteria Pollutant or HAP in which the facility is located.

Major Source Thresholds for Delaware Counties

Volatile Organic Compounds

Nitrogen Oxide

Carbon Monoxide

Sulfer

Particulates

Hazardous Air Pollutants

Other

New Castle

25

25

100

100

100

10

100

Kent

25

25

100

100

100

10

100

Sussex

50

100

100

100

100

10

100

Measured in tons per year. The threshold of 10 tons/year for HAPs is for a single HAP. The annual total threshold for all HAPs in 25 tons/year.

Title V also requires that facilities subject to the program pay an annual fee sufficient to cover all reasonable direct and indirect costs associated with administering the Title V permit program. The fees are reviewed on a regular basis by the Title V Operating Permit Program Advisory Committee, generally known as the Title V Fee Committee.